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September 2019 Archives

Conflict at the border poses issues for agents

The U.S. Customs and Border Protection was once considered a low-key organization, but now with controversies at the border front and center, they have become one of the most high-profile agencies in the United States Government.

Same-sex couple sues State Department over citizenship policy

Despite the legality of gay marriage in California and throughout the United States following a landmark Supreme Court decision, families using surrogacy have continued to face difficulty obtaining U.S. citizenship for their children. One couple has filed a lawsuit challenging the State Department after their daughter was classified as being born "out of wedlock" and denied citizenship. A surrogate in Canada gave birth to the child. The complaint says that her parents were treated as an unmarried couple because they are gay and that she was denied a U.S. passport.

5 myths about U.S. immigration law

The president and the administration are famously unorganized and often are not even on the same page when it comes to agenda and objectives. With so much confusion coming from them, it is hard to figure out the difference between what is law and what are political statements not based in reality.

Migrants receiving medical treatment in US to be deported

The current administration recently cut access to sick and disabled migrants and their caretakers, telling them they have 33 days to leave the United States. The "medical deferred action" program has allowed them to remain on American soil while receiving life-saving medical treatment. The move is controversial because U.S. Citizen and Immigration Services cut the program without a moment's notice, potentially leaving some patients on their deathbeds.

Judge re-imposes injunction on Trump’s asylum policy

The Trump administration has made many changes to immigration policy here in the United States. However, San Francisco-based U.S. District Judge Jon Tigar ruled that the administration’s fast-track ban on asylum seekers who pass through other countries without applying for asylum was not legal.

US residence for professionals using the EB-2 visa

Immigrants living in California may be interested in learning about the U.S. EB-2 visa. This visa allows individuals who work in specialty occupations, like educators, business managers and doctors, and possess a master's degree to request permanent residence in the U.S.

Asylum ban once again blocked by judge

In July 2019, the Trump administration created a new rule that would require those seeking asylum to first do so in another country. However, a judge in California issued a nationwide injunction claiming that the law was likely in conflict with federal rules. The 9th Circuit narrowed the injunction to just California and Arizona, but the same judge again reinstated it throughout the country. According to the Customs and Border Protection commissioner, the decision is an example of judicial activism.

L-1 visa may be useful for bringing in executives

Employers in California can transfer managers or executives into the country from affiliated offices located in foreign countries by using the L-1A non-immigrant classification. This same classification can also be used by foreign companies that do not have offices in the U.S. to send a manager or executive to the U.S. to establish a location. The relevant USCIS form is I-129, Petition for a Nonimmigrant Worker.

Study confirms damage to migrant kids separated from families

There was little surprise when the Health and Human Services (HHS) inspector general recently announced kids were deeply traumatized by separation from their parents, which was part of the Trump administration’s zero-tolerance policy involving migrants in detention. Overall, the U.S. Government’s actions caused anxiety and stress in children of all ages, but particularly preteens.

Policy change affects citizenship for some military kids

Many people in California have become concerned by changes to immigration law and regulations proposed or implemented by the Trump administration. Despite rhetoric about undocumented immigration and enforcing the law, some of these proposed changes have a far more significant impact on U.S. citizens, legal residents and even government employees and members of the military. One such change announced Aug. 28 will affect how kids born to U.S. citizens living abroad receive their citizenship. Traditionally, U.S. Citizenship and Immigration Services (USCIS) has considered the children of members of the U.S. armed forces or government employees living abroad to automatically receive citizenship at birth.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber